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Profile: David Kelley
David Kelley was a participant or observer in the following events:
Margaret Gillespie. [Source: Doug Dreyer / Associated Press]The FBI and the CIA hold a meeting to discuss the investigation into the USS Cole bombing and a possible connection between it and al-Qaeda’s Malaysia summit (see January 5-8, 2000). However, the CIA and FBI headquarters refuse to share all they know, and agents investigating the Cole bombing become angry over this.
Attendees - The meeting, which lasts between two and four hours, is attended by CIA officer Clark Shannon, FBI headquarters agent Dina Corsi, an FBI agent loaned to the CIA named Margaret Gillespie, FBI agent Steve Bongardt, FBI agent Russell Fincher, and Assistant US Attorney David Kelley.
Purpose - Although there is no agenda for the meeting and Corsi will later say it is a brainstorming session, author Lawrence Wright will say that one of the reasons for the meeting is that CIA officer Tom Wilshire, an associate of Shannon’s, “want[ed] to know… what the FBI knew” about al-Qaeda’s Malaysia summit. [ABC News, 8/16/2002; US Department of Justice, 11/2004, pp. 289-294 ; New Yorker, 7/10/2006 ] FBI agent Ali Soufan will also say that he later learned that Wilshire “was fishing to see if the FBI knew anything about the men in the photos.” [Soufan, 2011, pp. 243]
Photos Shown - Initially, Bongardt and Fincher brief Shannon on progress in the Cole investigation. Corsi then shows the two Cole investigators three photographs taken at al-Qaeda’s Malaysia summit in 2000 (see January 5-8, 2000), showing future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, and another man, and Shannon asks if the agents recognize Fahad al-Quso, who is thought to have attended the Malaysia summit and has been interviewed by the FBI. However, one of the photos shows Khalid Almihdhar, Nawaf Alhazmi, and a tree, and the CIA has already recognized Almihdhar and Alhazmi, so it is unclear how the Cole investigators are supposed to recognize al-Quso in the photo. Corsi received the photographs from Wilshire, but Wilshire did not provide her with all the relevant information about them (see Late May, 2001).
Questions Asked - Bongardt and Fincher ask who is in the pictures, why were taken, and whether there are other photos of the meeting. Shannon refuses to say, but Corsi eventually admits one of the men is named Khalid Almihdhar. As a name alone is not sufficient reason to start an investigation, Bongardt asks for a date of birth or other details that will allow him to know which Khalid Almihdhar in the world is being discussed, but Shannon refuses to provide them. Shannon admits that Almihdhar was traveling on a Saudi passport and then leaves the meeting. Lawrence Wright will say that providing a date of birth is “standard procedure—the first thing most investigators would do.” Realizing that the photos pertain to the Cole investigation, Bongardt and Fincher become angry at the lack of information being provided and the meeting descends into a “shouting match.” [ABC News, 8/16/2002; US Department of Justice, 11/2004, pp. 289-294 ; New Yorker, 7/10/2006 ]
What Shannon Knew - Shannon will later admit that at this time he knew Almihdhar had a US visa, that Alhazmi had traveled to the US in 2000, that al-Qaeda leader Khallad bin Attash had been recognized in one of the photos, and that Alhazmi was known to be an experienced operative. However, he does not tell any of this to any FBI agents, as he apparently thinks he does not have the authority. He does not let them keep copies of the photos either and will give conflicting accounts of the meeting after 9/11 (see Between September 12, 2001 and October 17, 2002). [US Congress, 7/24/2003 ; US Department of Justice, 11/2004, pp. 289-292 ]
Corsi Withholds Information - Corsi has NSA information saying Almihdhar and Alhazmi attended the Malaysia meeting, but apparently believes that the Cole agents cannot be told more because of restrictions on sharing intelligence with criminal agents (see July 19, 1995). However, one of the Cole agents present is an intelligence agent, so the information can be communicated to him immediately without Corsi obtaining permission from the NSA and/or Justice Department. In addition, the NSA sent the information to the FBI’s New York field office, where the Cole investigators are based, in 1999 (see December 1999-January 2000). Furthermore, when she asks the NSA’s permission to share the information 10 weeks later, the NSA approves the request on the same day (see August 27-28, 2001). She does not share the information at this time, but promises Bongardt and Fincher to try to do so later. The Cole agents will not receive more information for months. [US Congress, 9/20/2002; 9/11 Commission, 7/24/2004, pp. 269, 537]
Almihdhar Gets New Visa - Two days after this meeting, Almihdhar has no trouble getting a new, multiple reentry US visa (see May 2001 and June 13, 2001). [US News and World Report, 12/12/2001; US Congress, 9/20/2002]
Entity Tags: Dina Corsi, Khalid Almihdhar, David Kelley, Federal Bureau of Investigation, Clark Shannon, Margaret Gillespie, Ali Soufan, Steve Bongardt, Central Intelligence Agency, Russell Fincher, Khallad bin Attash, Nawaf Alhazmi, Lawrence Wright
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
David Kelley. [Source: New York Law School]Barry Mawn, director of the FBI’s New York office, sends specialized teams to the World Trade Center site after hearing Flight 11 crashing into the North Tower, even though he initially thinks the crash is an accident. Mawn is in his office on the 28th floor of 26 Federal Plaza in Lower Manhattan and has just heard the explosion when Flight 11 hit the WTC, at 8:46 a.m. (see 8:46 a.m. September 11, 2001). Kathy MacGowan, his secretary, shouted: “The World Trade! The World Trade!” Mawn now goes to her window, from where he can see smoke billowing from the North Tower. MacGowan says a commercial jet has crashed into the building. However, it supposedly does not occur to Mawn that the incident was a terrorist attack. [Kessler, 2002, pp. 1-2; CNN, 2/18/2002; Wright, 2006, pp. 357] “At that point, I thought it was an accident,” he will later recall. [Washington Post, 10/20/2001] Mawn’s colleagues look to the director for guidance. “People were turning to me and asking, ‘What are we going to do next, boss?’” Mawn will recall. Mawn instructs MacGowan to call the FBI evidence response team. Despite thinking the crash is an accident, he adds, “Just in case, call the SWAT [the FBI special weapons and tactics team] and the Joint Terrorism Task Force,” which has exclusive jurisdiction over local terrorism investigations. He tells MacGowan to send the teams to Church and Vesey Streets, and says he will head that way himself. Before he leaves his office, though, he is called by David Kelley, chief of Manhattan US Attorney Mary Jo White’s terrorism unit. [Kessler, 2002, pp. 2; Wright, 2006, pp. 357; Lawrence Eagle-Tribune, 9/10/2016] White has instructed Kelley to go to the WTC site. [New York Metro Super Lawyers, 7/2006] Mawn agrees to meet him and then goes and joins him outside his building. The two men make their way toward the WTC, which is eight blocks away from the FBI office. They stop at the corner of Church and Vesey Streets, at the northeast corner of the WTC site. There, they join Police Commissioner Bernard Kerik and other law enforcement officials. [Washington Post, 10/20/2001; Kessler, 2002, pp. 2] Mawn and Kelley will be at the WTC site when Flight 175 crashes into the South Tower, at 9:03 a.m. (see 9:03 a.m. September 11, 2001), and Mawn will then realize that the US is under attack (see After 9:03 a.m. September 11, 2001). [New York Daily News, 10/1/2001; CNN, 2/18/2002; New York Metro Super Lawyers, 7/2006]
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